As you are aware, my Department has undertaken a review of the ex gratia scheme established in the wake of the European Court of Human Rights (ECtHR) judgment. This review was in response to a determination by the Independent Assessor, Mr. Justice Iarfhlaith O’Neill that one of the criteria for eligibility to the scheme is incompatible with the ECtHR judgement.
The issues involved require very careful deliberation before proposals for any new or modified scheme can be finalised and brought to Government. For example, it is important to have a complete awareness of the number of people who could potentially be involved, the legal implications of any course of action and an accurate estimate of likely costs before introducing any modifications to the scheme.
Officials from my Department are working closely with officials from the Office of the Attorney General in order to progress these complex matters. This work has now been significantly advanced, following some unavoidable delays due to the Covid-19 pandemic. A proposal for a revised scheme is being developed and, following this, the proposal will be considered by Government.